Vengence

I was reading an article that mentioned a recent successful lawsuit brought against a lesbian lover by the man whose marriage she broke up. Apparently this is recognized by the court as, “ALIENATION OF AFFECTION.” It is held under the Heart Balm procedure, which essentially states that a woman is a man’s possession once they are married.

As one might imagine, through Women’s lib and common sense, the Heart Balm laws have almost entirely been stricken from the law books. Alienation, however, still exists in some places, such as Hawaii, Illinois, North Carolina, Mississippi, New Mexico, South Dakota, and Utah.

In United States law, alienation of affections is a tort action brought by a deserted spouse against a third party alleged to be responsible for the failure of the marriage. The defendant in an alienation of affections suit is typically an adulterous spouse's lover, although family members and counselors who have advised a spouse to seek divorce have also been sued for alienation of affections.

On the one hand, I simply am appalled by the frivolous use of our legal system. On the other, I think of the opportunities afforded to those with broken hearts in the 7 states of vengeance.

I have had my heart broken several times in heterosexual relationships. Once I had a relationship deteriorate because she came out of the closet. And I’m probably considered the average guy, so I can’t imagine that my past is anything special.

Of course, in none of these cases was I married. Also, I lived in New Jersey and New York. Still, as a writer, thinker, and all around daydreamer, I can’t help but think of the possibilities.

I don’t have to press my imagination to think of a couple broken up by the jealousy or counsel of a third party. But let’s take this theory one step further.

Let’s say that there is a gay or lesbian couple that is married in Hawaii. The state would not recognize the marriage, but would recognize it as a civil union, afforded all the same liberties and legal benefits of a marriage. Now, hypothetically, let’s say that one member of this couple sought out a clergy member for advice about the ‘health’ and ‘future’ of their relationship. And said clergyman responded that the healthiest move for them would be to leave this relationship, not simply because it is unhealthy, but because it is unholy.

Now we have a story here…

See, legally speaking, from what I’ve read and researched, we have an actual legal civil suit that can be brought against the Church by the other member of this gay couple, so in essence we would have The Gay Community v. The Catholic Church.

And that is one case I wouldn’t call frivolous.

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To read more about Alienation of Affection, there is actually a blog fully devoted to it...

Alienation of Affection